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MALKA v. LAWRENCE

No. 96-1644.

690 So.2d 649 (1997)

Solomon MALKA, Appellant, v. Lonnie LAWRENCE, et al., Appellees.

District Court of Appeal of Florida, Third District.

March 12, 1997.

Attorney(s) appearing for the Case

Corey E. Hoffman, Coconut Grove, for appellant.

Robert A. Ginsburg, County Attorney and Eric K. Gressman and James J. Allen, Assistants County Attorney, for appellees.

Before SCHWARTZ, C.J., NESBITT, J., and BARKDULL, Senior Judge.

PER CURIAM.

Because, within the one-year period prior to dismissal, the plaintiff filed and served requests for admissions as to genuine issues in the case which had been disputed in the pleadings, the trial court erred in dismissing the cause for lack of prosecution under Florida Rule of Civil Procedure 1.420(e). See Del Duca v. Anthony, 587 So.2d 1306 (Fla.1991).

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